The Ombudsman's final decision
Summary: We will not investigate Mr B’s complaint about his property being damaged by a Council-owned tree. This is because it is reasonable for Mr B to pursue this matter at court.
The complaint
Mr B complains a Council-owned tree has caused subsidence to his property which has resulted in his home insurance premiums increasing from £200 to over £1,000. Mr B would like the Council to pay the difference between his previous and current insurance premiums and to reply to his requests for information.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
The Act says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
I considered information provided by Mrs B.
I considered the Ombudsman’s Assessment Code.
My assessment
We do not normally investigate complaints about property damage. This is because in effect such complaints are that an organisation has been negligent.
Our role is to consider complaints of administrative fault. Negligence claims are best decided by an organisation’s insurers, and if needed, the courts. Only the courts can decide if an organisation was negligent, and if so, make an order for damages. We cannot recommend actions or payments that ‘punish’ an organisation.
Mr B may put in a claim to the Council’s insurers for his uninsured losses, and if needed, pursue this matter at court. I find it is reasonable for Mr B to take the Council to court if needed.
The initial fee for making a claim is relatively modest and such action is proportionate to the seriousness of the issue complained about.
Mr B may also complain to the Information Commissioner if he considers the Council has not provided information he has requested. The Information Commissioner is in the best position to consider such a complaint.
So, we will not investigate this complaint.
Final decision
We will not investigate Mr B’s complaint because it is reasonable to expect him to take the Council to court.
Investigator's decision on behalf of the Ombudsman